Disability Justice Centres offer safe and secure housing options for individuals with mental impairments who have been charged with a crime or have been accused of breaking the law. Instead of going to jail with other people who have committed crimes, they can stay at the centre where they will be taken care of and protected.
Disability Justice Centres are special places where people with an intellectual or cognitive disability can live if they have been charged with a crime but can’t understand the legal process or be found guilty or not guilty.
To live in one of these centres, a person needs to be at least 16 years old and assessed as not being a danger to the community.
Safety is the top priority, both for the community and the residents. The centres also consider what is best for residents who are not yet adults.
The Bennett Brook Disability Justice Centre
The Bennett Brook Disability Justice Centre in Caversham is run by the Department of Communities. It is the only place in Western Australia that is officially approved under the Criminal Law (Mentally Impaired Accused) Act 1996 where people with disabilities can live if they have been charged with a crime. These individuals may not be able to understand the legal process due to their disability and cannot plead guilty or not guilty.
The centre is a residential-style facility that can accommodate up to 10 people over 16 years old with a disability that is not primarily mental illness.
Mental Health Advocacy Services are provided to protect the rights of residents, similar to those under the Mental Health Act 2014.
The centre provides a safe and suitable place for these individuals to stay and learn how to behave in ways that align with community standards.
Your rights in a Disability Justice Centre
People living in the Disability Justice Centre have the following rights:
Access to programs and services
To have their rights explained to them
Freedom to communicate with others
To have an individual development plan
Protection from being treated poorly or unfairly
To receive care and be kept safe
To have an advocate who can help them
Confidentiality to protect their privacy
How We Can Help
Mental Health Advocates can help residents of Disability Justice Centres to protect and enforce their rights by:
Helping them access legal services
Referring any unresolved issues to others, including the Chief Mental Health Advocate
Listening to and trying to resolve complaints made by residents
Making formal complaints under Part 6 of the Disability Services Act 1993 on behalf of residents
Acting as the resident’s representative
The Chief Advocate submits an Annual Report to the Minister for Disability Services, which is presented to both houses of Parliament, detailing the activities of the Advocates.
To find out more information visit the Disability Justice Centre and the Disability Services Commission websites.
About Custody Orders
According to Section 24 of the Criminal Law (Mentally Impaired Accused) Act 1996 in Western Australia, accused individuals with mental impairment must be detained in certain places, such as a hospital, a “declared place”, a detention centre or a prison. However, if the accused person’s mental illness cannot be treated, they cannot be held in a hospital. In this case, prison or a “declared place” is the only option.
If you want to learn more about custody orders and mentally impaired accused individuals, you can visit the Mentally Impaired Accused Review Board website for more information.
Original source: https://www.wa.gov.au/service/health-care/community-health-services/bennett-brook-disability-justice-centre
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